Historical Lit Watch
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Geico Gets A Chance to Defend Itself in STD Case
February 06, 2023 | Historical Lit Watch
The case is being sent back down to lower courts for deliberation after the Missouri Supreme Court found that Geico should have a chance to defend itself against the claims.
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Competing Diagnosis: PTSD or Depression and Workers Comp
January 30, 2023 | Historical Lit Watch
The major question before the Supreme Court of Minnesota was whether the statutory presumption applied at the time of the employee's diagnosis or only after legal proof of the diagnosis.
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Duty to Defend Separated from Duty to Indemnify
January 23, 2023 | Historical Lit Watch
Though the judges of the Eleventh Circuit ruled the insurer was bound to defend the insured, they said it was too early to determine the duty to indemnify.
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No Reservations Available for HOA Insurers
January 16, 2023 | Historical Lit Watch
The "reservations of rights" letters from the insurers made nonspecific references to policy exclusions that may or may not preclude coverage for the insureds.
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Biometric Privacy Violations Derail BNSF
January 09, 2023 | Historical Lit Watch
In October 2022, an Illinois jury handed down a first-of-its-kind verdict holding BNSF Railway Company liable for no fewer than 45,600 reckless or intentional violations of Illinois' Biometric Information Privacy Act (BIPA).
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Dismissal of New Jersey Man's Workers Comp Claim Reversed
December 19, 2022 | Historical Lit Watch
The employer claimed the man's injuries weren't compensable because he had not arrived at the employer's premises at the time of injury. The man asserted he was performing work-related duties as assigned and directed by the employer when the collision occurred.
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The Coverage Must Go On For Theater Security Guard
December 12, 2022 | Historical Lit Watch
The employer asserted the "positive work order" defense, which required proof that there was a specific policy in place, the claimant knew about the employer's policy, and that the claimant's conduct at the time of injury removed the claimant from the course of employment.
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Total Pollution Exclusion Makes Clean Victory in Fifth Circuit
December 05, 2022 | Historical Lit Watch
Liberty Mutual successfully argued the application of a total pollution exclusion to a claim by Central Crude, Inc. for costs related to environmental remediation and litigation defense for a January 2007 oil spill in Paradis, Louisiana.
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Insurer Can't Double-Dip on Depreciation
November 28, 2022 | Historical Lit Watch
The Supreme Court of Arizona recently answered two questions certified by the U.S. District Court for the District of Arizona that both concerned how an insurer may or may not use depreciation in calculating the actual cash value (ACV) of damaged property.
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Judge Says Kings Can Go to Court
November 21, 2022 | Historical Lit Watch
A policy open to more than one reasonable interpretation is, by definition, ambiguous, and ambiguity is resolved in favor of coverage under well-settled insurance principles.
